Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Previous comments: C.118 direct request; C.121 direct request; C.128 direct request.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102, 118, 121, 128 and 130 together.

The Committee notes the Government’s report and the observations of the Trade Union Association of Agricultural, Banana and Rural Workers (ASTAC), in respect of which the Committee requests the Government to provide its comments in its next reports.

Articles 1, 71(3) and 72(2) of Convention No. 102. Article 4 of Convention No. 121. Articles 7, 14 and 20 of Convention No. 128. Article 7 of Convention No. 130. Coverage of the social security system and general responsibility of the State for the proper administration of social security institutions and services and for the sustainable financing of social security benefits. The Committee notes the indication by the ASTAC in its observations that the number of insured workers is under 50 per cent of the economically active population and that this rate is approximately 13 per cent in the agricultural sector. It adds that in many cases employers do not register their workers, deduct the amount of the contributions from their wages and do not transfer them to the social security system. It reports that, due to the low registration rates, the Ecuadorian Social Security Institute (IESS) is experiencing a financial crisis, resulting in inefficiency in the provision of benefits. The Committee also notes the statistical data contained in the National Employment, Underemployment and Unemployment Survey (ENEMDU), according to which the occupied population consists of 8,008,824 persons, while the population in formal employment, and therefore who are subject to compulsory registration with the social security system, is 2,773,750. In the rural sector, the data shows that persons engaged in “underemployment” or “other than formal employment” are more numerous than workers in formal employment. During the first quarter of 2022, the informal sector accounted for 73.2 per cent in rural areas. While hoping that the Government will provide its comments concerning the observations of the ASTAC, and taking into account the statistics of the National Employment, Underemployment and Unemployment Survey, the Committee requests the Government to provide full statistical data including the current coverage of the social security system in terms of numbers of beneficiaries, disaggregated by branch and the various economic sectors, including the informal economy, in relation to the total number of workers, as indicated in the report forms for Conventions Nos 102, 121, 128 and 130.

Article 5 of Convention No. 118. Payment of benefits abroad.The Committee notes that the Government’s report does not provide information in reply to its previous comments on the manner in which benefits in the branches (a) to (d), (f) and (g), which have been accepted by Ecuador, are paid to beneficiaries living outside Ecuador. It therefore once again requests the Government to provide: (i) information on the national laws and regulations that give effect to the Convention and on the existence of bilateral agreements on this subject, with an indication of the manner in which the payment of benefits is ensured for beneficiaries abroad; and (ii) statistics on the benefits paid in this regard, disaggregated by the type and number of beneficiaries, type of benefit, amount paid and country of residence of the beneficiaries.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) of Convention No. 121. Amount of periodical payments. The Committee notes the information provided by the Government in relation to its previous comments, clarifying that the average of previous earnings is used for the calculation of all benefits. The Committee observes that Articles 19(1) and (6) and 20(1) and (4) provide guidance on the basis that can be used or with which calculations must be compared in relation to average earnings. Taking into account the information provided by the Government indicating that benefits are calculated on the basis of average of previous earnings, the Committee requests the Government to: (i) indicate whether a ceiling is applied to contributions or the payment of benefits; (ii) demonstrate the manner in which the calculation of the average earnings as a basis for determining the amounts of contributions meets the requirements set out in Articles 19 and 20 of the Convention.

Article 21 of Convention No. 121. Review of rates of cash benefits. The Committee notes the statistical data provided by the Government in relation to its previous comments, indicating the number of beneficiaries and the total amount of benefits of each type paid over the past ten years. The Committee recalls that, in accordance with Article 21 of the Convention, the rates of cash benefits shall be reviewed following substantial changes in the general level of earnings or cost of living. The Committee therefore considers it necessary to provide further statistical data required in the report form as a basis for assessing the real impact of the adjustments of pensions and other long-term cash benefits, taking into account changes in the general level of earnings and in the cost of living in the country. The Committee once again requests the Government to provide specific statistical data required to assess the application of Article 21 of Convention No. 121 in relation to the rates of adjustment of benefits.

Part VII (Miscellaneous provisions), Article 38 of Convention No. 128. Coverage of agricultural workers. The Committee notes with interest the information provided by the Government in reply to its previous comment that Decision No. 636/2021 of the Executive Board envisages the provision of health, invalidity, old-age and survivors’ benefits to agricultural workers covered by the rural social security scheme. The Committee therefore encourages the Government to provide further information on the manner in which the new provisions give effect to the Convention in relation to the provision of invalidity, old-age and survivors’ benefits to agricultural workers, with a view to bringing to an end the temporary exclusion authorized by Article 38(2) of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 5 of the Convention (in conjunction with Article 10). Payment of benefits abroad. Further to its previous comments, the Government indicates that while there has not been much progress in this regard, that it is working to ensure that benefits are provided abroad. In practice, benefits paid to insured persons are deposited in their duly accredited bank accounts, and most banks have branches in other countries, or agreements with banks abroad. The Committee hopes that the Government will soon be in a position to provide information on the progress achieved with a view to the adoption of a legislative provision which guarantees that Articles 5 and 10 are applied in both law and practice.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) of the Convention. Amount of periodical payments. The Committee invites the Government to explain how it determines the skilled manual male employee in accordance with Article 19(6), specifying the amount of his earnings, benefits and family allowances under Article 19 of the Convention, in accordance with Parts I–V of the report form.

Article 21. Review of the rates of cash benefits. The Committee notes that section 234 of the Social Security Act was amended again in 2010 and provides that invalidity, old-age, total or absolute permanent incapacity, occupational risk and survivors’ pensions shall be increased annually from January each year on the basis of an increase coefficient (ranging from 4.31 per cent to 16.16 per cent, depending on the status of the pension). Survivors’ and orphans’ pensions deriving from general insurance and occupational risk insurance will be increased annually from January each year on the basis of an annual increase coefficient of 8.40 per cent. Partial incapacity pensions under occupational risk insurance and partial pensions under general insurance will be increased annually from January each year by a percentage equal to that of the previous year’s inflation. The Committee invites the Government to provide the statistical information requested under Article 21 of the Convention.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the reforms made to the Social Security Act between 2001 and 2010 and in particular the information provided in relation to the scope of application of the Convention (Part I – Articles 4, 9, 16 and 22 of the Convention), the review of benefits (Part V – Article 29), the right of appeal (Part VI – Article 34) and the calculation of periodical payments and rate of the benefits (Part V – Article 26, in conjunction with Articles 10, 17 and 23). The Committee welcomes the information that, according to the figures of the National Institute of Statistics and Censuses (INEC), 60.6 per cent of the employed population (2,500,000 of the 4,274,000 workers in the country) are covered by the social security system.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that invalidity benefit appears to be governed by Chapter VIII of the Social Security Act – on compulsory old-age, invalidity and survivors’ insurance – through a joint scheme combining intergenerational solidarity and compulsory individual savings. For greater clarity, the Committee once again requests the Government to specify the provisions giving effect to the Articles of the Convention referred to above.

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural workers. In the report provided on the application of the Medical Care and Sickness Benefits Convention, 1969 (No. 130), the Government indicates that it will discuss with the representatives of the Ecuadorian Social Security Institute (IESS) the possibility of removing the right to have recourse to the temporary exclusion authorized in this Article. The Committee requests the Government to keep the Office informed in this respect and to provide the statistical data requested under Article 38(2) of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its previous observation, the Committee notes with satisfaction the adoption of Decision No. C.D.390 of 10 November 2011 which contains the general regulations on occupational risk insurance (R-SGRT) and repeals Decision No. 741, and also section 177 of the Codified Statute of the Ecuadorean Social Security Institute (IESS). The aforementioned general regulations incorporate in Annex I, the revised list of occupational diseases adopted by the ILO in 2010 (the List of Occupational Diseases Recommendation, 2002 (No. 194)) and a presumption of occupational origin of the diseases included in the list and the demonstration of proof in the cause-effect investigation (sections 12 and 13), in conformity with Article 8 of the Convention. The Committee also notes with satisfaction that section 7 of Decision No. C.D.390 covers chronic diseases, in conformity with Article 9 of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

With reference to its direct request on the application of the Invalidity, Old Age and Survivors’ Benefits Convention, 1967 (No. 128), the Committee notes the information provided by the Government in relation to the scope of application of the Convention (Part I – Article 2, in conjunction with Articles 11(a) and 20(a) of the Convention), the coverage of small-scale farmers and of agricultural workers (Article 3).

Part II (Medical care). Articles 11(a) and 12, in conjunction with Article 14 (Coverage of the spouses and children of insured persons). Further to its previous comment, the Committee notes the adoption of Resolution No. C.D.332 of the Ecuadorian Social Security Institute (IESS) issuing the regulations for the granting of benefits under the general individual and family health insurance scheme. The Committee notes with satisfaction the amendment of sections 102, 105 and 117 of the Social Security Act which has the effect of extending coverage of social protection for health and sickness to dependent spouses and partners and children up to 18 years of age.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

With reference to its observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the points mentioned below.

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self-employed fishermen and rural farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The Government stated in its reply that SSC formed part of the national social security system and provided, inter alia, old-age and invalidity pensions to the insured head of family at the level of 75 per cent of the minimum wage subject to contributions to the Compulsory General Scheme. The strategic plan for the development of SSC in 2008 supplied by the Government aimed at increasing its coverage to 40 per cent of the rural population. According to the statistics provided in addition to the Government’s report of 2008 on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members. The Committee further notes that policy objectives for the development of the SSC coverage of the contingencies of invalidity, disability, old-age and death laid down in section 133 of the Law on Social Security of 2001 include the introduction of the survivors’ benefits for widows and orphans, as foreseen by the Constitution of Ecuador; the sources of financing and the modalities of these benefits will be fixed in the General Regulations pursuant to this Law on the basis of the appropriate actuarial studies. The Committee wishes to draw the Government’s attention to the fact that, with the introduction of the survivors’ benefits, in addition to the old-age and invalidity benefits already granted by the scheme, the SSC would provide all types of benefits required by the Convention and could therefore be fully taken into account for the purpose of application of its provisions by Ecuador, including those concerning the scope of coverage of the persons protected. At present, by having recourse to Articles 9(2)(a), 16(2)(a) and 22(2)(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. Extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is also offered by the abovementioned Articles. In the meantime and taking into account the country’s obligation to increase the number of the persons protected as circumstances permit, the Committee would welcome receiving from the Government further information and updated statistical data on the development of the Social Security of Farmers and extension of its coverage of the rural population of Ecuador.

Part V (Standards to be complied with by periodical payments). Article 26, in conjunction with Articles 10, 17 and 23 (Level of benefits). According to section 201 of the Law on Social Security of 2001, the monthly old-age pension provided by the intergenerational solidarity pension scheme after 30 years of contributions is calculated at the rate of 50 per cent of the insured employee’s adjusted average monthly earnings in the last ten years of earnings or in the 20 best years of earnings. The invalidity pension after five years of contributions is paid at the level of 50 per cent of the same earnings basis (section 202) and the survivors of the deceased breadwinner who had at least five years of contributions receive benefits totalling 65 per cent of the same earnings basis (section 203). These percentages would seem to ensure that the benefits attain the replacement level of the previous earnings of a beneficiary determined under Article 26 of the Convention. The Committee notes however that section 181 of the Law on Social Security limits insurable earnings by the maximum of US$165 and section 204 limits the amount of the pension to the maximum of 82.5 per cent of this sum. It would therefore ask the Government to compare in its next report these maximum limits with the wage of a skilled manual male employee, bearing in mind the requirements of Article 26(3) of the Convention.

Part VI (Common provisions). Article 34 (Right of appeal). The Committee notes that sections 40–44 of the Law on Social Security 2001 establish administrative bodies to deal with complaints of the insured persons relating to cash benefits and of the employers relating to their rights and obligations. The Provincial Committee on Benefits and Controversies (Comisión Provincial de Prestaciones y Controversias) handles such complaints in the first instance and the National Committee on Appeals (la Comisión Nacional de Aplicaciones) adjudicates on complaints in the second and last instance. The Government states in its report that claimants in practice may be assisted by a professional or any other person of their choice. However, having examined the Law on Social Security, the Committee has not found any provision which would expressly guarantee the individual right of an insured person to appeal in case of refusal of benefit or complain as to its quality or quantity, as well as the right to be represented or assisted in these procedures by a qualified person of his or her choice. The Committee would therefore again like the Government to identify the exact provisions in laws, regulations or internal rules or statutes of the Ecuadorian Social Security Institute which give effect to Article 34 of the Convention, and, if such provisions do not exist, to take legal measures to effectively recognize these individual rights of insured persons in the social security schemes concerned.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

With reference to its 2007 observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the point mentioned below.

Part I (General provisions). Article 2 of the Convention, in conjunction with Articles 11(a) and 20(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self employed fishermen and small farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The strategic plan for the development of SSC in 2008 supplied by the Government under Convention No. 128 aimed at increasing its coverage to 40 per cent of the rural population. According to the supplementary statistics provided in 2008, in addition to the Government’s report on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members, which is only slightly less than the number of affiliates to the Compulsory General Social Security scheme (Seguro General Obligatorio – SGO). The Committee further notes that section 131 of the Law on Social Security of 2001 stipulates that persons covered by the SSC have the right to the same medical care and sickness benefits that are provided by the General Individual and Family Health Insurance of the SGO. This means that the SSC could be fully taken into account for the purpose of the application of the Convention by Ecuador, including determination of the scope of coverage of the persons protected. At present, by having recourse to Articles 11(a) and 20(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. On the other hand, extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is offered by Articles 10 and 19 of the Convention. The Committee would like the Government to study this option in the light of the country’s obligation under Article 2(3) to increase the number of persons protected as circumstances permit. Please supply updated information and statistical data on the development of the special scheme of Social Security of Farmers and the extension of its coverage of the rural population of Ecuador.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

With reference to its previous observation, the Committee notes the indication contained in the Government’s report of 2007 that the Constitutional Tribunal declared several provisions of the Social Security Act of 2001 unconstitutional. In order to clarify the situation in law, the Committee reiterates its request to the Government to provide, in its next detailed report due in 2012, information on the extent to which the amended legislation gives effect to each of the provisions of the Convention, as well as the statistical information requested in the report form. Please supply also any regulations that have been adopted to apply the new Act.

Article 5 of the Convention (in conjunction with Article 10). Payment of benefits abroad. The Government confirms in its report that the payment abroad of old-age, invalidity and survivors’ benefits, and of workers’ compensation in cases of accidents, occupational diseases or the death of the worker, is made in each individual case on the basis of a resolution issued by the Benefits Committee of the Ecuadorean Social Security Institute (IESS). Referring to the conclusion of the Multilateral Ibero-American Social Security Convention and the Andean Instrument of Social Security (Decision No. 583) establishing the principle of equality of treatment and exportability of benefits among the ratifying parties, the Government also indicates that where bilateral social security agreements have been concluded, special liaison offices have been created with respect to the transfer of benefits abroad. The Committee once again requests the Government to legitimize the practice of authorizing the payment of benefits abroad by adopting a specific provision ensuring that Articles 5 and 10 are applied both in law and in practice, as it had previously expressed the intention of doing. The Committee asks the Government to send information on the progress made in this regard in its next detailed report due in 2012. The Committee recalls in this respect that the scope of obligations assumed by Ecuador under Convention No. 118 goes beyond the circle of the countries party to the Andean Instrument of Social Security or the Multilateral Ibero-American Social Security Convention. By ratifying Convention No. 118, the Government has undertaken to guarantee, in accordance with its Articles 5 and 10, payment of the above benefits to the nationals of any other Member which has accepted the obligations of the Convention in respect of a given branch, as well as to its own nationals and to refugees and stateless persons, in the event of residence abroad, irrespective of the new country of residence or the conclusion of any reciprocity agreement.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 8 of the Convention. Recognition of occupational diseases. The Committee notes that the legal provisions on occupational diseases are to be found in the Labour Code of 2005 (sections 349, 363, 364, etc.), Chapter VII of Social Insurance Act No. 2001-55, particularly in section 158, and in resolution No. 741 (general regulations on occupational risk insurance). The Committee observes in this connection that section 363 of the Labour Code contains a schedule of occupational diseases and that section 364 allows for a Risk Assessment Committee to add other occupational diseases to those already listed. Resolution No. 741, section 4, lists the specific agents carrying a risk of occupational disease, and section 6 lists the occupational diseases they are liable to cause, with the requirement that the “presence and action” of the agent concerned must be demonstrated. Section 9 of the resolution allows for the Disability Evaluation Committee to add other occupational diseases on condition that this Committee first establishes a causal link between the work performed and the acute or chronic ailment. It should be noted that the Labour Code says nothing of the need for proof of a causal link, either in connection with the list of occupational diseases or in relation to the decisions of the Risk Assessment Committee. Consequently, the Committee requests the Government to specify the coverage of the various provisions referred to above as regards the lists of occupational diseases, and to specify which of these lists it deems to be consistent with the provisions of the Convention. The Committee also asks the Government to provide copies of decisions by the Risk Assessment Committee and by the Incapacity Assessment Committee so that the burden of proof regime governing occupational diseases not included in the lists can be assessed. The Committee further requests the Government to take appropriate steps to amend section 5 of resolution No. 741, so as to establish a presumption of occupational origin in favour of workers suffering from a disease enumerated in Schedule I of the Convention when they are engaged in the types of work mentioned in the schedule.

Article 9. Coverage of chronic diseases. The Committee notes that in its report the Government construes sections 10, 12, 14 and 19 of resolution No. 741 and section 177 of the IESS Codified Statute to mean that benefits under employment injury insurance are not subject to length of employment, duration of insurance membership or payment of contributions. The Committee observes, however, that in section 14 of the above resolution, under which occupational diseases are treated on a par with employment accidents, reference is made to acute, but not to chronic, occupational diseases. Consequently, to avoid all ambiguity, the Committee asks the Government to confirm that its interpretation of the abovementioned provisions also applies to chronic diseases.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). Amount of periodical payments. The Committee notes the information in the Government’s 2007 report to the effect that the calculation of cash benefits is based on Article 19 of the Convention. If this is so, the Committee invites the Government to explain in its next detailed report, due in 2012, how it determines the skilled manual male employee in accordance with Article 19(6), specifying the amount of his earnings, benefits and family allowances as established in Parts I–V of the report form or under Article 19 of the Convention.

Article 21. Review of the rates of cash benefits. The Committee notes with interest that the Social Security Act was amended in 2009 by the Act to Amend the Social Security Act, the Armed Forces Social Security Act and the National Police Force Social Security Act, which entered into force on 30 March 2009 (supplement to Official Gazette No. 559). Thus, section 234 of the Social Security Act has been amended by section 11 of the amending Act which establishes that cash benefits shall be increased at the beginning of each year by a percentage equal to that of the previous year’s inflation. The Committee invites the Government to provide the statistical information requested under Article 21 of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee regrets to note that the report supplied by the Government in 2007 reproduced the text of its report of 2001 and is therefore not at all responsive to the Committee’s observation of 2005. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in pension insurance for the whole period since 2001. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Scope of coverage. In reply to the Committee’s previous observation, the Government has supplied the statistics of the IESS for the year 2003, which contain data on the population covered (1,184,484 persons) by the Statutory General Insurance (Seguro General Obligatorio – SGO). The Committee observes however that the statistics supplied by the Government still do not permit the Committee to ascertain whether the scope of coverage required by these provisions of the Convention (25 per cent of all employees in the country) is attained in Ecuador, as they do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that the information concerning the application of these Articles of the Convention was missing in the reports supplied by the Government in 2001 and 2007 and asks the Government to furnish it as soon as possible.

Part V (Standards to be complied with by periodical payments). Article 29. Review of benefits. According to section 204 of the Law on Social Security, the IESS has the authority to determine the periodicity and the rate of pension adjustments depending on the evolution of the Technical Reserve of the Pension Fund. The Government’s report of 2007 on the Social Security (Minimum Standards) Convention, 1952 (No. 102) indicated, for example, that in 2006 pensions were increased twice by Resolutions CD 088 of 4 January and CD 107 of 24 April 2006. The Committee would like the Government to provide the statistical information for the time period starting from 2001 on the effective adjustments of pensions in comparison with the corresponding evolution of the cost-of-living index. It would also like the Government to state its position regarding the need to establish in law a mechanism for the regular periodic adjustment of pensions highlighted in the ILO Assessment, page 100).

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country in question at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention in respect of the persons protected is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS supplied by the Government for the year 2003 are structured by the regime of affiliation to the SGO and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the new Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of the Law on Social Security of 2001, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes an intergenerational solidarity pension scheme providing old-age, invalidity and survivors’ benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 38(2) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s detailed report due in 2012 has not been received. Considering that the previous report supplied by the Government in 2008 reproduced the text of its report of 1998 and was therefore entirely unresponsive to the Committee’s observation of 2007 and did not contain any information concerning the application of Articles 21–32 of the Convention, the Committee trusts that the Government of Ecuador will take its reporting obligation under article 22 of the ILO Constitution seriously and endeavours to apply international Conventions in good faith. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in medical care and sickness insurance for the whole period since 1993. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s brief reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study – Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 2, in conjunction with Articles 11(a) and 20(a). Scope of coverage. The Committee observes that the statistics of the IESS for the year 2003 do not permit it to ascertain whether the scope of coverage required by these provisions of the Convention (at least 25 per cent of all employees in the country) is attained in Ecuador, as the statistics do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Article 3. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS are structured by the regime of affiliation to the Compulsory General Social Security (Seguro General Obligatorio – SGO) and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number in 2003 amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of this Law, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes the General Health Insurance Scheme providing medical care and sickness benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 3(2) and (3) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

Part II (Medical care). Articles 11(a) and 12, in conjunction with Article 14 (Coverage of the wives and children of insured persons). In reply to the Committee’s previous observation concerning the need to extend coverage by health insurance of the family members of the insured person, the Government states that medical care is given to children of the insured person during the first year of their life. The Government’s report repeats however under Articles 5 and 12 of the Convention the statement made in 1998 that medical care for the family members of the insured person was not developed in Ecuador. The description of the health insurance provided by the IESS and attached to the Government’s report (Annex 2) begins by stating that coverage is extended to affiliated persons and children of affiliated women (los afiliados y los hijos de las afiliadas), which means that children of male affiliates are not covered. In contrast, section 102 of the Law on Social Security extends comprehensive medical care to the affiliated person, his or her spouse or partner, and children under 6 years of age. However, the 2008 ILO Assessment (pages 52–53) determined that in practice this provision has not been implemented, medical coverage has not been extended to the wives of insured persons, and their children remain covered by medical care only for the first year of their life.

Notwithstanding the contradictory character of some of the above information, which the Government is invited to clarify, the Committee understands that, with regard to medical coverage of the wives and children of insured persons in Ecuador, there exists a huge gap between what is prescribed in law and what is achieved in practice. Besides undermining the effectiveness of law, such situations point to the lack of a resolute and consistent public policy in the area of health care of the population. The Committee notes that there has been no apparent progress in the extension of coverage over the last ten years. Failure to provide basic medical care to children of small age results subsequently in an adult population becoming less healthy and requiring more medical care during their productive life, thus increasing the social and economic costs for the society as a whole. The Committee considers that recalling the country’s legal obligation under the Convention to raise the level of medical care to the internationally agreed minimum could be, together with the related international technical assistance, an important factor inducing the Government to elaborate effective policies and measures for improving the state of health of the nation and its labour resources. Fulfilling its obligations under the Convention would require of the Government, inter alia, to put in place a clearly defined national programme for the development of medical coverage of the wives and children of the insured persons. Such programme should be time-bound and result-oriented, setting out benchmarks to monitor progress particularly with respect to children of defined age, which should be progressively raised. For additional guidance in the elaboration of such a programme the Government may wish to turn to the Medical Care Recommendation, 1944 (No. 69), as well as to the advice from the technical departments of the Office.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

With reference to its previous observation, the Committee notes the indication contained in the Government’s report of 2007 that the Constitutional Tribunal declared several provisions of the Social Security Act of 2001 unconstitutional. In order to clarify the situation in law, the Committee reiterates its request to the Government to provide, in its next detailed report due in 2012, information on the extent to which the amended legislation gives effect to each of the provisions of the Convention, as well as the statistical information requested in the report form. Please supply also any regulations that have been adopted to apply the new Act.

Article 5 of the Convention (in conjunction with Article 10). Payment of benefits abroad. The Government confirms in its report that the payment abroad of old-age, invalidity and survivors’ benefits, and of workers’ compensation in cases of accidents, occupational diseases or the death of the worker, is made in each individual case on the basis of a resolution issued by the Benefits Committee of the Ecuadorean Social Security Institute (IESS). Referring to the conclusion of the Multilateral Ibero-American Social Security Convention and the Andean Instrument of Social Security (Decision No. 583) establishing the principle of equality of treatment and exportability of benefits among the ratifying parties, the Government also indicates that where bilateral social security agreements have been concluded, special liaison offices have been created with respect to the transfer of benefits abroad. The Committee once again requests the Government to legitimize the practice of authorizing the payment of benefits abroad by adopting a specific provision ensuring that Articles 5 and 10 are applied both in law and in practice, as it had previously expressed the intention of doing. The Committee asks the Government to send information on the progress made in this regard in its next detailed report due in 2012. The Committee recalls in this respect that the scope of obligations assumed by Ecuador under Convention No. 118 goes beyond the circle of the countries party to the Andean Instrument of Social Security or the Multilateral Ibero-American Social Security Convention. By ratifying Convention No. 118, the Government has undertaken to guarantee, in accordance with its Articles 5 and 10, payment of the above benefits to the nationals of any other Member which has accepted the obligations of the Convention in respect of a given branch, as well as to its own nationals and to refugees and stateless persons, in the event of residence abroad, irrespective of the new country of residence or the conclusion of any reciprocity agreement.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Further to its previous observation, the Committee requests again that in its next report, due in 2012, the Government provide detailed information on all the Articles of the Convention, as required by the report form, and that it indicate the measures taken or envisaged to ensure that the following Articles of the Convention are actually applied:

Article 8 of the Convention. Recognition of occupational diseases. The Committee notes that the legal provisions on occupational diseases are to be found in the Labour Code of 2005 (sections 349, 363, 364, etc.), Chapter VII of Social Insurance Act No. 2001-55, particularly in section 158, and in resolution No. 741 (general regulations on occupational risk insurance). The Committee observes in this connection that section 363 of the Labour Code contains a schedule of occupational diseases and that section 364 allows for a Risk Assessment Committee to add other occupational diseases to those already listed. Resolution No. 741, section 4, lists the specific agents carrying a risk of occupational disease, and section 6 lists the occupational diseases they are liable to cause, with the requirement that the “presence and action” of the agent concerned must be demonstrated. Section 9 of the resolution allows for the Disability Evaluation Committee to add other occupational diseases on condition that this Committee first establishes a causal link between the work performed and the acute or chronic ailment. It should be noted that the Labour Code says nothing of the need for proof of a causal link, either in connection with the list of occupational diseases or in relation to the decisions of the Risk Assessment Committee. Consequently, the Committee requests the Government to specify the coverage of the various provisions referred to above as regards the lists of occupational diseases, and to specify which of these lists it deems to be consistent with the provisions of the Convention. The Committee also asks the Government to provide copies of decisions by the Risk Assessment Committee and by the Incapacity Assessment Committee so that the burden of proof regime governing occupational diseases not included in the lists can be assessed. The Committee further requests the Government to take appropriate steps to amend section 5 of resolution No. 741, so as to establish a presumption of occupational origin in favour of workers suffering from a disease enumerated in Schedule I of the Convention when they are engaged in the types of work mentioned in the schedule.

Article 9. Coverage of chronic diseases. The Committee notes that in its report the Government construes sections 10, 12, 14 and 19 of resolution No. 741 and section 177 of the IESS Codified Statute to mean that benefits under employment injury insurance are not subject to length of employment, duration of insurance membership or payment of contributions. The Committee observes, however, that in section 14 of the above resolution, under which occupational diseases are treated on a par with employment accidents, reference is made to acute, but not to chronic, occupational diseases. Consequently, to avoid all ambiguity, the Committee asks the Government to confirm that its interpretation of the abovementioned provisions also applies to chronic diseases.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). Amount of periodical payments. The Committee notes the information in the Government’s 2007 report to the effect that the calculation of cash benefits is based on Article 19 of the Convention. If this is so, the Committee invites the Government to explain in its next detailed report, due in 2012, how it determines the skilled manual male employee in accordance with Article 19(6), specifying the amount of his earnings, benefits and family allowances as established in Parts I–V of the report form or under Article 19 of the Convention.

Article 21. Review of the rates of cash benefits. The Committee notes with interest that the Social Security Act was amended in 2009 by the Act to Amend the Social Security Act, the Armed Forces Social Security Act and the National Police Force Social Security Act, which entered into force on 30 March 2009 (supplement to Official Gazette No. 559). Thus, section 234 of the Social Security Act has been amended by section 11 of the amending Act which establishes that cash benefits shall be increased at the beginning of each year by a percentage equal to that of the previous year’s inflation. The Committee invites the Government to provide the statistical information requested under Article 21 of the report form.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the points mentioned below.

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self-employed fishermen and rural farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The Government stated in its reply that SSC formed part of the national social security system and provided, inter alia, old-age and invalidity pensions to the insured head of family at the level of 75 per cent of the minimum wage subject to contributions to the Compulsory General Scheme. The strategic plan for the development of SSC in 2008 supplied by the Government aimed at increasing its coverage to 40 per cent of the rural population. According to the statistics provided in addition to the Government’s report of 2008 on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members. The Committee further notes that policy objectives for the development of the SSC coverage of the contingencies of invalidity, disability, old-age and death laid down in section 133 of the Law on Social Security of 2001 include the introduction of the survivors’ benefits for widows and orphans, as foreseen by the Constitution of Ecuador; the sources of financing and the modalities of these benefits will be fixed in the General Regulations pursuant to this Law on the basis of the appropriate actuarial studies. The Committee wishes to draw the Government’s attention to the fact that, with the introduction of the survivors’ benefits, in addition to the old-age and invalidity benefits already granted by the scheme, the SSC would provide all types of benefits required by the Convention and could therefore be fully taken into account for the purpose of application of its provisions by Ecuador, including those concerning the scope of coverage of the persons protected. At present, by having recourse to Articles 9(2)(a), 16(2)(a) and 22(2)(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. Extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is also offered by the abovementioned Articles. In the meantime and taking into account the country’s obligation to increase the number of the persons protected as circumstances permit, the Committee would welcome receiving from the Government further information and updated statistical data on the development of the Social Security of Farmers and extension of its coverage of the rural population of Ecuador.

Part V (Standards to be complied with by periodical payments). Article 26, in conjunction with Articles 10, 17 and 23 (Level of benefits). According to section 201 of the Law on Social Security of 2001, the monthly old-age pension provided by the intergenerational solidarity pension scheme after 30 years of contributions is calculated at the rate of 50 per cent of the insured employee’s adjusted average monthly earnings in the last ten years of earnings or in the 20 best years of earnings. The invalidity pension after five years of contributions is paid at the level of 50 per cent of the same earnings basis (section 202) and the survivors of the deceased breadwinner who had at least five years of contributions receive benefits totalling 65 per cent of the same earnings basis (section 203). These percentages would seem to ensure that the benefits attain the replacement level of the previous earnings of a beneficiary determined under Article 26 of the Convention. The Committee notes however that section 181 of the Law on Social Security limits insurable earnings by the maximum of US$165 and section 204 limits the amount of the pension to the maximum of 82.5 per cent of this sum. It would therefore ask the Government to compare in its next report these maximum limits with the wage of a skilled manual male employee, bearing in mind the requirements of Article 26(3) of the Convention.

Part VI (Common provisions). Article 34 (Right of appeal). The Committee notes that sections 40–44 of the Law on Social Security 2001 establish administrative bodies to deal with complaints of the insured persons relating to cash benefits and of the employers relating to their rights and obligations. The Provincial Committee on Benefits and Controversies (Comisión Provincial de Prestaciones y Controversias) handles such complaints in the first instance and the National Committee on Appeals (la Comisión Nacional de Aplicaciones) adjudicates on complaints in the second and last instance. The Government states in its report that claimants in practice may be assisted by a professional or any other person of their choice. However, having examined the Law on Social Security, the Committee has not found any provision which would expressly guarantee the individual right of an insured person to appeal in case of refusal of benefit or complain as to its quality or quantity, as well as the right to be represented or assisted in these procedures by a qualified person of his or her choice. The Committee would therefore again like the Government to identify the exact provisions in laws, regulations or internal rules or statutes of the Ecuadorian Social Security Institute which give effect to Article 34 of the Convention, and, if such provisions do not exist, to take legal measures to effectively recognize these individual rights of insured persons in the social security schemes concerned.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

With reference to its 2007 observation, the Committee asks the Government to supply a detailed report on the application of the Convention according to the report form adopted by the Governing Body and to include in it full information on the point mentioned below.

Part I (General provisions). Article 2 of the Convention, in conjunction with Articles 11(a) and 20(a). Coverage of small farmers. The Committee notes that the Law on Social Security of 2001 incorporates the special scheme of Social Security of Farmers (Seguro Social Campesino – SSC), which covers self‑employed fishermen and small farmers who work for their own account or for their communes and do not receive wages from a public or private employer (section 2 of the Law). The strategic plan for the development of SSC in 2008 supplied by the Government under Convention No. 128 aimed at increasing its coverage to 40 per cent of the rural population. According to the supplementary statistics provided in 2008, in addition to the Government’s report on Convention No. 130, in June 2008 SSC counted 1,012,578 affiliated members, which is only slightly less than the number of affiliates to the Compulsory General Social Security scheme (Seguro General Obligatorio – SGO). The Committee further notes that section 131 of the Law on Social Security of 2001 stipulates that persons covered by the SSC have the right to the same medical care and sickness benefits that are provided by the General Individual and Family Health Insurance of the SGO. This means that the SSC could be fully taken into account for the purpose of the application of the Convention by Ecuador, including determination of the scope of coverage of the persons protected. At present, by having recourse to Articles 11(a) and 20(a), Ecuador has chosen to limit the personal scope of application of the Convention to “prescribed classes of employees”, which by definition do not include farmers and self-employed fishermen. On the other hand, extending coverage to these categories may enable the country to consider the broader option of applying the Convention to prescribed classes of the economically active population, which is offered by Articles 10 and 19 of the Convention. The Committee would like the Government to study this option in the light of the country’s obligation under Article 2(3) to increase the number of persons protected as circumstances permit. Please supply updated information and statistical data on the development of the special scheme of Social Security of Farmers and the extension of its coverage of the rural population of Ecuador.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee regrets to note that the report supplied by the Government in 2007 reproduced the text of its report of 2001 and is therefore not at all responsive to the Committee’s observation of 2005. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in pension insurance for the whole period since 2001. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 4(2) and (3) of the Convention, in conjunction with Articles 9(2)(a), 16(2)(a) and 22(2)(a). Scope of coverage. In reply to the Committee’s previous observation, the Government has supplied the statistics of the IESS for the year 2003, which contain data on the population covered (1,184,484 persons) by the Statutory General Insurance (Seguro General Obligatorio – SGO). The Committee observes however that the statistics supplied by the Government still do not permit the Committee to ascertain whether the scope of coverage required by these provisions of the Convention (25 per cent of all employees in the country) is attained in Ecuador, as they do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Part II (Invalidity benefit). Articles 7–13 and Part VI (Common provisions). Article 32. Suspension of benefits. The Committee notes that the information concerning the application of these Articles of the Convention was missing in the reports supplied by the Government in 2001 and 2007 and asks the Government to furnish it as soon as possible.

Part V (Standards to be complied with by periodical payments). Article 29. Review of benefits. According to section 204 of the Law on Social Security, the IESS has the authority to determine the periodicity and the rate of pension adjustments depending on the evolution of the Technical Reserve of the Pension Fund. The Government’s report of 2007 on the Social Security (Minimum Standards) Convention, 1952 (No. 102) indicated, for example, that in 2006 pensions were increased twice by Resolutions CD 088 of 4 January and CD 107 of 24 April 2006. The Committee would like the Government to provide the statistical information for the time period starting from 2001 on the effective adjustments of pensions in comparison with the corresponding evolution of the cost-of-living index. It would also like the Government to state its position regarding the need to establish in law a mechanism for the regular periodic adjustment of pensions highlighted in the ILO Assessment, page 100).

Part VII (Miscellaneous provisions). Article 38. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country in question at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention in respect of the persons protected is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS supplied by the Government for the year 2003 are structured by the regime of affiliation to the SGO and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the new Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of the Law on Social Security of 2001, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes an intergenerational solidarity pension scheme providing old-age, invalidity and survivors’ benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 38(2) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee regrets to note that the report supplied by the Government in 2008 reproduced the text of its report of 1998 and is therefore entirely unresponsive to the Committee’s observation of 2007. Both reports did not contain any information concerning the application of Articles 21–32 of the Convention. The Committee would like to believe that the Government of Ecuador takes its reporting obligation under article 22 of the ILO Constitution seriously and endeavours to apply international Conventions in good faith. It therefore expects the Government to supply a new detailed report containing reliable information on the application of all Articles of the Convention according to the report form adopted by the Governing Body, covering the developments in medical care and sickness insurance for the whole period since 1993. Meanwhile, the Committee has examined the Law on Social Security of 2001, the statistics of the Ecuadorian Social Security Institute (IESS) annexed to the report and the Government’s brief reply to the questions raised in the Committee’s previous observation. It has also examined the recent ILO study – Assessment of the social security system of Ecuador (June 2008) (Diagnóstico del sistema de seguridad social del Ecuador) (hereinafter the Assessment).

Part I (General provisions). Article 2, in conjunction with Articles 11(a) and 20(a). Scope of coverage. The Committee observes that the statistics of the IESS for the year 2003 do not permit it to ascertain whether the scope of coverage required by these provisions of the Convention (at least 25 per cent of all employees in the country) is attained in Ecuador, as the statistics do not specify the number of employees protected in the prescribed classes in relation to the total number of employees in Ecuador. The Committee hopes that these numbers will be specified by the Government in its next report.

Article 3. Coverage of agricultural employees. Upon ratifying the Convention, Ecuador has availed itself of the temporary exclusion from its provisions of the employees in the sector comprising agricultural occupations on condition that it shall gradually increase the number of agricultural employees protected and regularly report the progress achieved in the application of the Convention to such employees. Such exclusion is permitted by the Convention in case agricultural employees were not protected by the legislation of the country at the time of the ratification and may be maintained until the legislation applying the provisions of the Convention is extended to cover also agricultural employees. The Committee recalls that, after the ratification of the Convention in 1978, agricultural workers were incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The statistics of the IESS are structured by the regime of affiliation to the Compulsory General Social Security (Seguro General Obligatorio – SGO) and include, besides such categories as employees in the banking, domestic and construction sector, the category of agricultural affiliates (agrícolas), whose number in 2003 amounted to 18,664 persons out of the total number of 1,184,484 persons covered by the SGO. With respect to those categories, the Law on Social Security of 2001 establishes a special scheme only for workers in the construction sector and does not refer to any special scheme for agricultural workers. Moreover, according to sections 2a and 9a of this Law, workers in a relation of dependency, irrespective of the nature of their occupation or place of work, are subject to the SGO, which includes the General Health Insurance Scheme providing medical care and sickness benefits required by the Convention. The Committee understands therefore that agricultural employees are now fully covered by the Ecuadorian legislation applying the Convention in the same manner as employees in industrial undertakings and that the initial reason for excluding agricultural employees from the application of the Convention subsists no more. It would like the Government to furnish in its next report all the appropriate explanations and statistics requested in Article 3(2) and (3) of the Convention. If agricultural employees are indeed covered, the Committee invites the Government to consider renouncing its right to avail itself of the exclusion authorized by this Article as from a stated date.

Part II (Medical care). Articles 11(a) and 12, in conjunction with Article 14 (Coverage of the wives and children of insured persons). In reply to the Committee’s previous observation concerning the need to extend coverage by health insurance of the family members of the insured person, the Government states that medical care is given to children of the insured person during the first year of their life. The Government’s report repeats however under Articles 5 and 12 of the Convention the statement made in 1998 that medical care for the family members of the insured person was not developed in Ecuador. The description of the health insurance provided by the IESS and attached to the Government’s report (Annex 2) begins by stating that coverage is extended to affiliated persons and children of affiliated women (los afiliados y los hijos de las afiliadas), which means that children of male affiliates are not covered. In contrast, section 102 of the Law on Social Security extends comprehensive medical care to the affiliated person, his or her spouse or partner, and children under 6 years of age. However, the 2008 ILO Assessment (pages 52–53) determined that in practice this provision has not been implemented, medical coverage has not been extended to the wives of insured persons, and their children remain covered by medical care only for the first year of their life.

Notwithstanding the contradictory character of some of the above information, which the Government is invited to clarify, the Committee understands that, with regard to medical coverage of the wives and children of insured persons in Ecuador, there exists a huge gap between what is prescribed in law and what is achieved in practice. Besides undermining the effectiveness of law, such situations point to the lack of a resolute and consistent public policy in the area of health care of the population. The Committee notes that there has been no apparent progress in the extension of coverage over the last ten years. Failure to provide basic medical care to children of small age results subsequently in an adult population becoming less healthy and requiring more medical care during their productive life, thus increasing the social and economic costs for the society as a whole. The Committee considers that recalling the country’s legal obligation under the Convention to raise the level of medical care to the internationally agreed minimum could be, together with the related international technical assistance, an important factor inducing the Government to elaborate effective policies and measures for improving the state of health of the nation and its labour resources. Fulfilling its obligations under the Convention would require of the Government, inter alia, to put in place a clearly defined national programme for the development of medical coverage of the wives and children of the insured persons. Such programme should be time-bound and result-oriented, setting out benchmarks to monitor progress particularly with respect to children of defined age, which should be progressively raised. For additional guidance in the elaboration of such a programme the Government may wish to turn to the Medical Care Recommendation, 1944 (No. 69), as well as to the advice from the technical departments of the Office.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for a number of years.

Articles 11 and 12 of the Convention. In its previous report, the Government expressed the intention of ensuring free medical coverage for the spouses and children of insured persons, in accordance with these provisions of the Convention, either through the Ecuadorean Social Security Institute or other social security systems. The Committee requests the Government to indicate whether the new legislation ensures such coverage and, if so, to please indicate whether medical insurance has been extended in practice to the members of the insured person’s family and, if so, please provide the information requested by the report form under Article 12.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for many years.

Article 5 of the Convention (in conjunction with Article 10). In earlier comments, the Committee noted the Government’s statement that the payment abroad of old-age, invalidity and survivors’ benefits, and of workers’ compensation in cases of accidents, occupational diseases or the death of the worker, is made in each individual case on the basis of a resolution issued by the Benefits Committee of the Ecuadorean Social Security Institute (IESS). The Committee consequently expressed the hope that the Government would confirm this practice in its legislation, as it had expressed the intention of doing.

In its previous report, the Government stated that the basis in law of the procedure ensuring payment of social benefits abroad is the Ibero-American Social Security Convention, which is an integral part of Ecuador’s legislation pursuant to Article 163 of the new Constitution. The Committee pointed out in this connection that, according to the information supplied by the Government, of the 38 countries that have ratified Convention No. 118, only five have signed the Ibero-American Social Security Convention. It would appear that implementation of the Ibero-American Convention necessarily involves the conclusion of bilateral administrative agreements between the countries concerned. In these circumstances, the Committee is bound to point out once again that, by ratifying Convention No. 118, the Government has undertaken to guarantee, in accordance with Articles 5 and 10, payment of the above benefits to the nationals of any other Member which has accepted the obligations of the Convention in respect of a given branch, as well as to its own nationals and to refugees and stateless persons, in the event of residence abroad, irrespective of the new country of residence or the conclusion of any reciprocity agreement. The Committee therefore hopes that the Government will review this matter and establish the current practice in law by means of a specific provision ensuring that Articles 5 and 10 are applied both in law and in practice. The Committee requests the Government to provide information on the progress made in this area in its next report.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for many years.

Article 8 of the Convention. The Committee requests the Government to indicate whether the internal rules and regulations of the Ecuadorean Social Security Institute (IESS) which were preventing the application of a dual-list system of occupational diseases and work have been amended. In its last report, the Government referred to the provisions of the Labour Code, particularly sections 369 and 370, that deal with occupational diseases. The Government added that the presumption in favour of the worker regarding the occupational origin of the disease is taken into account in the decisions of the Risk Verification Commission pursuant to section 370 of the Labour Code. According to the Government, these decisions, which are intended to allow diseases not mentioned in the legislation to be recognized as occupational, exempt the worker from the burden of proof, thus in effect precluding interpretation of section 5 of the General Regulations on employment injury insurance. The Committee hopes that, in order to avoid any ambiguity, the Government will be able to take the necessary measures to amend as soon as possible, as it undertook to do, sections 4 and 5 of the above General Regulations, so as to establish in the legislation the presumption of the occupational origin of the disease in favour of workers suffering from a disease enumerated in Schedule I of the Convention when they are engaged in the types of work mentioned in the Schedule. It also asks the Government to provide copies of relevant decisions taken pursuant to section 370 of the Labour Code (the Committee refers the Government to its comments in its direct request of 1996, under Article 8).

Article 9. In its previous comments, the Committee emphasized the need for measures to be taken to amend sections 12 and 19 of the General Regulations on employment injury insurance in order to give workers suffering from occupational diseases, whether acute or chronic, entitlement to the benefits envisaged by the Convention, irrespective of the period for which they have paid contributions. In its previous report, the Government indicated once again that, in cases where workers have been unable to pay the six contributions envisaged in the General Regulations on insurance (work) (sections 12 and 19), section 14 of the above Regulations is applied, under which acute occupational diseases are treated as employment accidents, so that the insured person is entitled to benefits in the form both of medical assistance and financial compensation. As it has said before, the Committee is well aware of the substance of section 14 of the General Regulations on employment injury insurance. It nonetheless wishes to emphasize that the provisions of the Convention, and particularly Article 9, which specifies that eligibility for benefits may not be subjected to length of employment, duration of insurance or payment of contributions, apply to both employment accidents and to acute occupational diseases (the latter, as is the case in Ecuador, are very often treated as employment accidents), as well as to chronic occupational diseases. In these circumstances, the Committee is bound to urge the Government once more to take the necessary steps to amend sections 12 and 19 of the General Regulations on employment injury insurance so that all workers suffering from occupational diseases, including chronic diseases, are eligible for the benefits envisaged by the Convention, irrespective of the period of contribution.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). Amount of periodical payments due in the event of the temporary or permanent incapacity or death of the family breadwinner. Further to its previous comments, the Committee notes the information supplied by the Government in its report. Taking as a basis the provisions of the new Social Security Act, please provide all the information required by the report form under Article 19 or Article 20, depending on which of these two provisions the Government has recourse. The Committee recalls the importance it attaches to the provision of such information, which it needs in order to determine whether the level of benefits due in the event of temporary or permanent incapacity or death attains the rate prescribed by the Convention for a standard beneficiary.

Article 21. In its previous report, the Government indicated that the National Wage Council determines and reviews the wages of workers in the country in the light of the minimum wage set for various activities and occupations. It also stated that the IESS calculates the benefits payable to workers on the basis of these minimum wages; wage increases are automatically reflected in old-age and invalidity pensions, and in benefits payable for employment accidents, in accordance with the provisions of Article 21. In view of the fact that the Government has not provided the information needed to assess the real impact of increases in pensions decided upon by the IESS in relation to fluctuations in the cost of living, the Committee requests it to provide the information required by the report form under Article 21. The Government may wish to avail itself of the Office’s technical assistance for this purpose.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. It notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for many years.

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee noted previously that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention concerned employees in the agricultural sector. These workers were later incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986. The Committee requests the Government to indicate whether the agricultural workers covered by the special compulsory social insurance scheme for the agricultural sector are entitled under the new legislation to the same invalidity, old-age and survivors’ benefits as those granted to other categories of workers under the general scheme, and, if not, to specify the nature and level of the benefits granted to them. Finally, the Committee hopes that in its next report the Government will include the statistical information required by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural workers covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (Amount of benefits) and with Article 29 (Review of benefits). In its previous comments, the Committee pointed out that the continuing absence of the information requested in the report form makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors’ benefits attains the level prescribed by the Convention, and to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess whether Ecuador is fulfilling its obligation to keep the above social security benefits at the level prescribed by the Convention. The Committee hopes that the Government will make every effort to compile the relevant statistical information, availing itself of the ILO’s technical assistance, if need be, and to supply this information in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when next revised, a provision explicitly guaranteeing the right of insured persons to be represented or assisted by a qualified person of their choice in appeals against refusal of a benefit or in complaints as to the quality or quantity of the benefit. The Committee asks the Government to indicate whether the new legislation makes explicit provision for this right and, if so, to indicate under which provision. The Committee again asks the Government to provide a sample of the form handed out by the Institute for complainants to write down their wish to be represented by a person of their choice in the resepective administrative proceedings.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the adoption on 30 November 2001 of the new Social Security Act. It asks the Government to indicate whether the new Act has come into force and, if so, to please provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, as well as the information requested in the report form, including statistics. The Committee also requests the Government to supply any regulations that have been adopted to apply the new Act.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions, on which the Committee has been commenting for a number of years.

Articles 11 and 12 of the Convention. In its previous report, the Government expressed the intention of ensuring free medical coverage for the spouses and children of insured persons, in accordance with these provisions of the Convention, either through the Ecuadorean Social Security Institute or other social security systems. The Committee requests the Government to indicate whether the new legislation ensures such coverage and, if so, to please indicate whether medical insurance has been extended in practice to the members of the insured person’s family and, if so, please provide the information requested by the report form under Article 12.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report. It notes that the report does not indicate any progress in the application of the provisions of the Convention on which it has been commenting for many years. Under these circumstances, the Committee hopes the Government will supply additional information on the following points.

Article 8 of the Convention.  The Committee recalls that in its previous report the Government undertook to begin a process of amending the rules and internal provisions of the Equadorean Social Security Institute (IESS), which are currently preventing the application of a dual-list system of occupational diseases and work involving exposure to the corresponding risks. In its last report, the Government does not provide any information on the progress achieved in this reform, but refers to the provisions of the Labour Code and particularly sections 369 and 370, which cover occupational diseases. It adds that the presumption in favour of the worker concerning the occupational origin of the disease is taken into account in the decisions of the Risk Verification Commission under the terms of section 370 of the Labour Code. According to the Government, these decisions, which are intended to allow diseases which are not mentioned in the legislation to be recognized as occupational, exempt the worker from the burden of proof, thereby waiving in practice the interpretation of section 5 of the General Regulations on Employment Injury Insurance. The Committee takes due note of this information. It therefore hopes that, with a view to avoiding any ambiguity, the Government will have no difficulty in taking the necessary measures to amend as soon as possible, as it had undertaken to do, sections 4 and 5 of the above General Regulations, so as to introduce into the legislation the presumption of the occupational origin of the disease in favour of workers suffering from a disease enumerated in Schedule I of the Convention when they are engaged in the types of work mentioned in the above Schedule. Furthermore, it requests the Government to provide copies of relevant decisions adopted under section 370 of the Labour Code. (The Committee refers in this respect to its comments in its previous direct request under Article 8 of the Convention.)

Article 9.  In its previous comments, the Committee emphasized the need to take the necessary measures to amend sections 12 and 19 of the General Regulations on Employment Injury Insurance so that workers suffering from occupational diseases, whether acute or chronic, are entitled to the benefits envisaged by the Convention irrespective of the period during which they have paid contributions. In its report, the Government states once again that, in cases where workers have not paid the six contributions envisaged by the General Regulations respecting Employment Injury Insurance (sections 12 and 19), section 14 of the above Regulations is applied, under the terms of which acute occupational diseases are considered to be employment accidents, so that the insured person is entitled to benefits in the form of both medical assistance and financial benefits. The Committee is well aware of the text of section 14 of the General Regulations on Employment Injury Insurance. However, it wishes to emphasize that the provisions of the Convention, and particularly Article 9, which sets out that eligibility for benefits may not be made subject to the length of employment, to the duration of insurance or to the payment of contributions, are applicable to both employment accidents and acute occupational diseases (the latter, as is the case in Ecuador, are very often assimilated to employment accidents), as well as chronic occupational diseases. In these conditions, the Committee is bound to urge the Government once again to take the necessary measures to amend sections 12 and 19 of the General Regulations on Employment Injury Insurance so that all workers suffering from occupational diseases, including chronic diseases, are eligible to the benefits envisaged by the Convention, irrespective of the period of contribution.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical payments due in the event of temporary or permanent incapacity or the death of the family breadwinner). The Government indicates in its report that it is still not in a position to indicate whether it intends to avail itself of the provisions of Article 19 or Article 20 of the Convention. It adds that, once the restructuring of the Ecuadorian Social Security Institute has been completed, which should occur during the course of 2000, every effort will be made to reach a decision on this matter and that it intends to request the expertise of the ILO’s Regional Office in this respect.

The Committee notes this information with interest. It trusts that, with the above technical assistance, the Government will be in a position to provide all the statistical information requested by the report form under Article 19 or 20, whichever it decides to have recourse to. The Committee recalls in this respect the importance that it attaches to the provision of this information, which is necessary for it to determine whether the level of benefits due in the event of temporary or permanent incapacity or death attains the rate prescribed by the Convention for a standard beneficiary.

Article 21.  The Government states once again that the National Wage Council determines and reviews the wages of workers in the country as a function of the minimum wage for various activities and occupations. It adds that the Ecuadorian Social Security Institute calculates the benefits due to workers on the basis of the above minimum wages; wage increases are automatically reflected in old-age and invalidity pensions, as well as those due in the event of employment accidents, in accordance with the provisions of Article 21.

The Committee notes this information and the statistics provided with the Government’s report. However, the Committee notes that this information does not include statistics on changes made in the rate of benefits in relation to fluctuations in the cost-of-living index, as requested in the report form under Article 21. The Committee therefore hopes that, following the reorganization of the Ecuadorian Social Security Institute, the Government will be able, if it so wishes with the assistance of the ILO, to provide with its next report all the statistical data requested in the report form, which are necessary for the Committee to assess the real impact of increases in pensions decided upon by the IESS in relation to fluctuations in the cost of living.

[The Government is requested to report in detail in 2001.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Articles 11 and 12 of the Convention. In its previous report, the Government expressed the intention of ensuring free medical coverage for the wives and children of insured persons, in accordance with these provisions of the Convention, either through the Ecuadorian Social Security Institute or other social insurance systems. According to the Government's latest report, medical insurance coverage has not been extended to the members of the family of insured persons. In these conditions, the Committee once again trusts that the Government will make every effort to ensure that the wives and children of both insured persons and beneficiaries of social security benefits, referred to in Article 12 of the Convention, including the beneficiaries of survivors' benefits, are provided with free medical care, and that the Government's next report will indicate the measures taken for this purpose.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Article 5 of the Convention (in relation with Article 10). In its previous comments, the Committee noted the Government's statement that the payment abroad of old-age invalidity and survivors' benefits, as well as workers' compensation in cases of accidents, occupational diseases or the death of the worker, is made in each individual case on the basis of a resolution issued by the Benefits Committee of the Ecuadorean Social Security Institute (IESS). As a consequence, it hoped that the Government would confirm this practice in its legislation, in conformity with the intentions that it had expressed.

In its latest report, the Government states that the practice for the payment of benefits abroad has its legal basis in the Ibero-American Social Security Convention, which is an integral part of national legislation, under the terms of article 163 of the new Constitution. The Committee notes in this respect that, according to the information supplied by the Government, of the 38 countries which have ratified Convention No. 118, only five have signed the Ibero-American Social Security Convention. Furthermore, it understands that the implementation of the Ibero-American Convention necessarily involves the conclusion of bilateral administrative agreements between the countries concerned. In these conditions, the Committee is bound to recall that, by ratifying Convention No. 118, the Government has undertaken to guarantee, in accordance with Articles 5 and 10, the provision of the above benefits to its own nationals and to nationals of any other Member which has accepted the obligations of the Convention in respect of the branch in question, as well as to refugees and stateless persons, when they are resident abroad, irrespective of the new country of residence or the conclusion of any reciprocity agreement. The Committee therefore hopes that the Government will be able to re-examine the question and confirm the current practice in legislation, as it has already expressed the intention of doing on many occasions in the past, by means of an explicit provision giving effect to Articles 5 and 10 in both law and practice. It requests the Government to provide information in its next report on the progress achieved in this respect.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in January and November 1997, and, in particular, that concerning rehabilitation measures provided to disabled persons by the Ecuadorean Institute of Social Security (IESS) (Article 13 of the Convention).

Part I (General provisions), Article 4, paragraphs 2 and 3, of the Convention. The Committee recalls that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector. These employees were later on incorporated into the social security system under a special scheme for the protection of agricultural workers by virtue of Decree No. 21 of 1986 supplied by the Government. It would like the Government to indicate in its next report whether agricultural workers covered by the special compulsory agricultural insurance are entitled to the same old-age, invalidity and survivors' benefits as provided for other categories of workers under the general scheme, and, if not, to explain the nature and the level of the benefits granted to them. Finally, the Committee hopes that, pursuant to the assurances given by the Government, it would be able to include in its next report the statistical information requested in the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, of the Convention (questions D or E), indicating in addition the number of agricultural employees covered under each branch.

Part V (Standards to be complied with by periodical payments), Articles 26 and 27 in conjunction with Articles 10, 17 and 23 (amount of benefits) and with Article 29 (Review of benefits). The Government once again regrets not being able to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. In this situation, the Committee cannot but point out that the continuing absence of such information makes it impossible to ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the level prescribed by the Convention, nor to assess the real impact of the pension increases, if any, in relation to changes in the general level of earnings or the cost-of-living index. The Committee is thus unable to assess the observance by Ecuador of the obligations it has assumed to guarantee under the said social security benefits at the level provided for in the Convention. The Committee urges the Government to do all in its power to compile the statistical information in question, having recourse to the technical assistance of the ILO if need be, and to supply it in its next report.

Part VI (Common provisions), Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee expressed the hope that, in view of existing practice, it would not be difficult for the Government to insert into the national social security legislation, when it is next revised, an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government states that it intends to take account of this suggestion in the next codification of the statutes of the IESS. The Committee asks the Government to indicate any progress achieved in this respect. In the meantime, it once again asks the Government to provide an example of the form handed out by the social security institution, where the complainant could write down the wish to be represented by a chosen person in the resulting administrative procedure, to which the Government refers in its report.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Article 5 of the Convention (in conjunction with Article 10). Further to its previous comments, the Committee notes with interest the Government's statement that in practice, in each particular case, the Benefits Committee of the Ecuadorean Social Security Institute (IESS) issues a resolution detailing the name of the beneficiary as well as the amount to be paid. The resolution is sent to the appropriate social security institution which will ensure the payment abroad of old-age, invalidity, and survivors' benefits, as well as workers' compensation in case of accidents, occupational diseases or death of the worker. The Committee notes this information with interest. It hopes that the Government will be able to confirm this practice in the legislation, in conformity with the intention expressed in the report, so as to ensure in law as in practice the full application of these Articles of the Convention.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in its report. The Committee trusts that in its next report the Government will be in a position to supply information on the measures adopted to resolve the following points raised in previous comments:

Article 8 of the Convention. In its report, the Government indicates that a commitment has been given to begin the process to amend the rules and internal provisions of the Equadorian Social Security Institute (ESSI) which make it impossible for the moment to apply the double-list system. The Committee recalls that in its previous comments it raised the following points:

(a) Under section 5 of the General Regulations on Employment Injury Insurance, it is necessary to prove, in all cases, the causal relationship between work and the disease, whereas the double-list system used in Schedule 1 to the Convention is intended to establish a presumption in favour of the worker as regards the occupational origin of the disease, thus exempting him or her from the burden of proof; the text of section 5 of the Regulations should therefore be completed in this sense.

(b) The statement in section 5 of the 1990 Regulations concerning work involving exposure to the risk of contracting anthrax infection (bacillus anthrax - No. 27, section 4) should be completed so as to indicate the activities giving rise to the presumptions of the occupational origin of this disease, as they appear in the right hand column of item 15 of Schedule 1 to the Convention.

(c) No. 19, section 4, of the 1990 Regulations should be amended to read as follows: "Chloride derivatives of hydrocarbons ...".

The Committee trusts that these amendments will be made to current legislation as soon as possible in order to ensure conformity of national legislation and practices with the Convention.

Article 9, paragraphs 1 and 2. The Government indicates that if workers have not paid the six monthly contributions required in the General Regulations on Employment Injury Insurance (sections 12 and 19), the provision in section 14 is applied, namely that acute occupational diseases are considered to be occupational accidents and therefore the insured person has the right to both medical assistance and financial benefits. On this matter, the Committee again points out that sections 12 and 19 of the General Regulations on Employment Injury Insurance of 1990 which grant benefits for occupational diseases only to insured persons who have paid at least six monthly contributions, are not in conformity with the Convention which provides that eligibility for benefits - both medical and cash - in cases of occupational diseases may not be made subject to the payment of contributions. Consequently, the Committee hopes that in its next report the Government will be in a position to indicate the measures adopted to amend section 12 of the General Regulations on Employment Injury Insurance so that workers who are affected by acute or chronic occupational diseases are entitled to the benefits provided in the Convention, regardless of the period during which contributions have been made.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical benefits paid in the event of temporary incapacity, permanent incapacity and also the death of the family breadwinner). The Committee notes that the Government is still unable to determine which of Articles 19 or 20 it intends to have recourse and that the report does not contain the information requested in the report form that is needed to determine whether the amount of the benefits payable to standard beneficiaries in cases of temporary incapacity, permanent incapacity or death, reaches the level set out by the Convention. The Government refers to the possibility of requesting technical assistance from the ILO to resolve this matter. The Committee trusts that this technical assistance will result in ensuring that the level of benefits provided under sections 32 to 35 of the 1990 Regulations meets the levels of benefits required by the Convention.

Article 21. The Government indicates in its report that the ESSI revises all pensions, annually making increases which compensate to some degree for monetary inflation. Similarly, the Government has added a statistical table on payments made by the ESSI at national level for pensions for invalidity, old age, death and occupational risks during the years 1989, 1990 and 1991. The Committee welcomes these indications but, in order to be able to appreciate the real impact of the increases, it again asks the Government to send in its next report all the statistical information requested by the report form under this Article of the Convention.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Part V (Standards to be complied with by periodical payments). Articles 26 and 27 (Statistical information on the amount of the benefits in conjunction with Articles 10, 17 and 23), and Article 29 (Review of benefits) of the Convention. With reference to its previous comments, the Committee notes the statistical information provided by the Government on the number of beneficiaries and on the total benefits paid. It further notes that, according to the Government, it has not yet been possible on this occasion for the Ecuadorean Institute of Social Security to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. The Committee recalls that without such information it can neither ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the percentage prescribed in the schedule appended to Part V of the Convention, nor assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It therefore once again expresses the hope that the Government will be able to furnish the information requested in its next report.

2. Part VI (Common provisions). Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee pointed to the absence in the social security legislation of provisions expressly establishing the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government refers to Article 19 of the Constitution guaranteeing the right to defence to every person, which is also applicable to all types of judicial or administrative complaints. The complainant could therefore be represented or assisted by any person in the resulting administrative procedure by simply writing down this wish in a form provided by the social security institution. The Committee notes this information with interest. It believes that, in view of such practices, it will be all the more easy for the Government to insert into the national social security legislation when it is next revised an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal or complaint procedure. In the meantime, the Committee would ask the Government to provide an example of the form handed out by the social security institution referred to by the Government.

3. In reply to the Committee's previous request concerning Article 4, paragraph 2, of the Convention, the Government states that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector who, by virtue of Decree No. 21 published in the Official Register No. 434 of 13 May 1986, were later on incorporated into the social security system under a special scheme for the protection of agricultural workers. The Committee would therefore ask the Government to provide a copy of this Decree with its next report. On the other hand, it hopes that the Government's next report will also include the statistical information requested by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, as well as information on any new measures concerning rehabilitation and placement services provided to disabled persons, which might help to improve in practice the application of Article 13 of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

For several years, the Committee has been raising a number of issues concerning the application of Article 8 (list of occupational diseases), Article 9, paragraphs 1 and 2 (prohibition on conditioning payment of benefit on payment of contribution), Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical benefits paid in the event of temporary incapacity, permanent incapacity or death of breadwinner), and Article 21 (review of cash benefit currently payable). In light of the fact that the Government's report does not indicate progress, the Committee is addressing a request directly to the Government concerning these issues.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Part V (Standards to be complied with by periodical payments). Articles 26 and 27 (Statistical information on the amount of the benefits in conjunction with Articles 10, 17 and 23), and Article 29 (Review of benefits) of the Convention. With reference to its previous comments, the Committee notes the statistical information provided by the Government on the number of beneficiaries and on the total benefits paid. It further notes that, according to the Government, it has not yet been possible on this occasion for the Ecuadorian Institute of Social Security to compile the statistical information requested in the report form adopted by the Governing Body under these Articles of the Convention. The Committee recalls that without such information it can neither ascertain whether the amount of the invalidity, old-age and survivors' benefits attains the percentage prescribed in the schedule appended to Part V of the Convention, nor assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It therefore once again expresses the hope that the Government will be able to furnish the information requested in its next report.

2. Part VI (Common provisions). Article 34, paragraph 2 (Right of appeal). In its previous comments, the Committee pointed to the absence in the social security legislation of provisions expressly establishing the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. In reply, the Government refers to Article 19 of the Constitution guaranteeing the right to defence to every person, which is also applicable to all types of judicial or administrative complaints. The complainant could therefore be represented or assisted by any person in the resulting administrative procedure by simply writing down this wish in a form provided by the social security institution. The Committee notes this information with interest. It believes that, in view of such practices, it will be all the more easy for the Government to insert into the national social security legislation when it is next revised an express provision guaranteeing the right of an insured person to be represented by a person of his choice in an appeal or complaint procedure. In the meantime, the Committee would ask the Government to provide an example of the form handed out by the social security institution referred to by the Government.

3. In reply to the Committee's previous request concerning Article 4, paragraph 2, of the Convention, the Government states that the temporary exceptions of which Ecuador availed itself upon ratifying the Convention, concerned in particular employees in the agricultural sector who, by virtue of Decree No. 21 published in the Official Register No. 434 of 13 May 1986, were later on incorporated into the social security system under a special scheme for the protection of agricultural workers. The Committee would therefore ask the Government to provide a copy of this Decree with its next report. On the other hand, it hopes that the Government's next report will also include the statistical information requested by the report form under Articles 9, paragraph 2, 16, paragraph 2, and 22, paragraph 2, as well as information on any new measures concerning rehabilitation and placement services provided to disabled persons, which might help to improve in practice the application of Article 13 of the Convention.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

With reference to its observation, the Committee notes the information supplied by the Government in reply to its previous comments.

Articles 11 and 12 of the Convention. The Government reaffirms its intention to ensure the provision of free medical care for the spouse and children of an insured person, provided through the Social Security Institute of Ecuador (IESS) or other systems of social insurance. The Committee expresses anew its hope that the Government will be able to indicate in its next report the measures taken in this regard concerning the spouse and children of insured persons, as well as of recipients of the social security benefits mentioned in Article 12 of the Convention, including survivors' benefits.

The Committee asks the Government to indicate if the regulations concerning medical treatment mentioned in section 105 of the codified statute of the IESS has been adopted and, if so, to provide a copy of the text.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Referring to its previous comments, the Committee notes with satisfaction that pursuant to resolution No. 750 of 5 February 1991, the Superior Council of the Ecuador Institute of Social Security (IESS) has abrogated sections 91 and 92 and modified section 90 of the codified statutes of the IESS, thereby extending full medical and dental care and pharmaceutical assistance to the recipients of old-age and invalidity benefits, in conformity with Article 12 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee takes note of the Government's report. It notes with interest the statistical data on the number of persons protected.

1. Part V (standards to be complied with by periodical payments), Articles 26 and 27 (in conjunction with Articles 10, 17 and 23).

In response to the Committee's previous comments, the Government provides information on payments made at national level for invalidity, old-age and survivors' benefits. The Committee takes note of this information but observes that it is not sufficient to enable it to ascertain whether the amount of the above benefits attains the percentage prescribed in the schedule appended to Part V of the Convention for the corresponding contingency. It therefore asks the Government to provide statistical information on the amount of the benefits, as required by the report form on this Convention under Article 26 or Article 27 (according to whether the Government wishes to calculate the benefits on the basis of the wage of a skilled manual male employee or the wage of an ordinary adult male labourer).

2. Part V (standards to be complied with by periodical payments), Article 29 of the Convention (review of the pension rates). The Committee notes with interest the information on the reviews of pension rates carried out between 1990 and 1992. However, it asks the Government to provide the data required by the report form under this Article of the Convention so that it can assess the real impact of the pension increases in relation to changes in the general level of earnings or the cost-of-living index. It also asks the Government to provide in each of its reports information on any new increases in this respect.

3. Article 34, paragraph 2 (prescribed procedures permitting a claimant appealing against a refusal of benefit to be represented by a person of his choice). In reply to the Committee's previous comments, the Government refers to the provisions of the Compulsory Social Security Code of 1988 and to the compiled Statutes of the IESS of 1990, concerning the committees responsible for reviewing complaints about the grant of benefits. The Committee observes, however, that none of the above provisions expressly establishes the right of insured persons to be represented or assisted by someone of their choice in an appeal against refusal of benefit or a complaint as to its quality or quantity. The Committee asks the Government to indicate how this right is guaranteed and under which provisions of the law.

4. The Committee again asks the Government to provide the information required under Article 4, paragraph 2, of the Convention concerning the temporary exceptions of which Equador availed itself upon ratifying the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report, and in particular the information concerning the application of Article 5 of the Convention.

Article 8. The Committee notes that the new list of occupational diseases contained in sections 4-6 of the General Regulations on Employment Injury Insurance of 1990, although incorporating a number of the details suggested by the Committee in its previous comments, has not, in accordance with the Convention, taken into account the following points:

(a) Under section 5 of the Regulations it is necessary to prove, in all cases, the causal relationship between work and the disease, whereas the double-list system used in Schedule I to the Convention is intended to establish a presumption in favour of the worker as regards the occupational origin of the disease, thus exempting him or her from the burden of proof; the text of section 5 of the Regulations should therefore be completed in this sense.

(b) The statement in section 5 of the new Regulations concerning work involving exposure to the risk of contracting anthrax infection (bacillus anthrax - No. 27, section 4) should be completed so as to indicate the activities giving rise to the presumption of the occupational origin of this disease, as they appear in the right-hand column of item 15 of Schedule I to the Convention.

(c) No. 19, section 4 of the new Regulations should be amended to read as follows: "Chloride derivatives of hydrocarbons ...".

Article 9, paragraphs 1 and 2. The Committee notes that under sections 12 and 19 of the General Regulations on Employment Injury Insurance of 1990, benefits due in the event of occupational disease are provided to insured persons who have paid at least six monthly contributions. In view of the fact that, under the terms of the Convention, eligibility for benefits, both medical and cash, in the event of occupational disease, may not be made subject to the payment of contributions, the Committee requests the Government to indicate the manner in which, in accordance with the Convention, the provision of benefits is guaranteed in the case of occupational disease suffered by workers who have not made the six contributions set out in the above Regulations.

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical benefits paid in the event of temporary incapacity, permanent incapacity and also the death of the family breadwinner). The Committee notes the levels of the minimum pensions. However, it notes that the Government has not been able to determine whether it intends to have recourse to Article 19 or Article 20 of the Convention and that the report does not contain the information that is necessary to determine whether the amount of the benefits payable in cases of temporary incapacity, permanent incapacity or death for standard beneficiaries reaches the level set out by the Convention. The Committee therefore hopes that the Government will be able to supply in its next report the information requested in the report form adopted by the Governing Body with regard to Articles 19 or 20, according to whether it has had recourse to the former or the latter. If the Government selects Article 19, please supply information with particular regard to the maximum amount of periodical benefits paid in respect of each of the three above contingencies and the wage of a skilled manual male employee selected in accordance with paragraph 6 or 7 of Article 19. If the Government selects Article 20, please indicate the minimum amount of periodical benefits paid in respect of each of the above contingencies, and the wage of an ordinary adult male labourer selected in accordance with paragraph 4 or 5 of Article 20.

Article 21. The Committee notes the information concerning the increase in the level of pensions. The Committee would be grateful if the Government would continue to supply information on any new adjustment of pensions in line with fluctuations in the cost of living, in accordance with Article 21 of the Convention. Moreover, so that it can assess the real impact of these increases, the Committee once again requests the Government to supply in its next report all the statistics requested in the report form under this Article of the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee has examined the codification of the law on compulsory social insurance, approved on 15 March 1988 (the text of which was transmitted by the Government together with its report) and noted with interest certain improvements in the national social security scheme, resulting from that codification. The Committee also noted that, since 1986, agricultural workers are covered by the compulsory insurance scheme and that retirement pensions are to be reviewed annually by decision of the Higher Council of the Ecuadorian Social Security Institute. The Committee hopes that the Government in its next report, will be able to supply statistical information on such review, set out in accordance with the report form for this Convention, under Article 29. The Committee also hopes that the report will contain statistical data on the number of persons effectively protected and on the amount of the benefits granted in respect of the various contingencies, to enable the Committee to determine whether the rates set under the Convention are still attained.

2. With regard to its earlier comments concerning Article 34, paragraph 2, of the Convention (prescribed procedures permitting claimants to appeal in the event of refusal of benefit or contestation and to be represented by a person of their choice or by a trade union delegate), the Committee notes from the information supplied by the Government and the relevant articles of the above-mentioned codification that all disputes arising in connection with entitlement to benefits or the rights and duties of the insured and employers are dealt with administratively by authorities such as the Benefits and Credit Commissions, the National Board of Appeals and the Director-General or National and Regional Directors of the Ecuadorian Social Security Institute, in accordance with the statutes and regulations in force. The Committee requests the Government to supply the text of those statutes and regulations together with its next report.

3. The Committee further requests the Government to supply the information required under Article 4, paragraph 2 of the Convention concerning the temporary exceptions of which Ecuador availed itself in ratifying this instrument.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Article 11 of the Convention. In reply to the Committee's previous comments, the Government indicates that the problems caused by the inadequacy of the medical infrastructure have not yet been solved and that they continue to prevent the extension of the benefits of the Sickness Insurance to the families of insured persons. The Committee notes this information and the attention paid by the Government to the extension of medical insurance. It also notes with interest that in social security in the rural sector rapid progress is being made towards family health care. The Committee again expresses the hope that the Government will pursue its efforts to ensure that free medical care is extended in the near future to the wives and children of insured persons, as envisaged by this provision of the Convention, and requests it to continue providing information on progress made in this respect.

2. Article 12. In its previous comments, the Committee drew the Government's attention to the need to amend sections 16 to 18 of the Statutes of the former Social Security Medical Department to bring them into conformity with this Article of the Convention which provides that persons who receive social security benefit for invalidity, old age, death of the breadwinner or unemployment, and, where appropriate, the wives and children of such persons, shall continue to receive medical care.

The Government refers to a series of provisions in the Labour Code, concerning occupational hazards, and indicates that certain invalidity and old-age benefits provide coverage for life. The Committee takes note of this information. However, it notes with regret that, in addition to the fact that the provisions of the Labour Code which have been referred to do not cover benefits in the event of common illnesses, section 91 of the new consolidated Statutes of the Ecuadorian Social Security Institute (IESS) of 7 May 1990 confirms that, in principle, medical care is provided to retired persons in respect of one and the same illness, for a maximum of six months. The Committee therefore hopes that the Government will take the necessary steps to amend sections 90, 91 and 92 of the consolidated Statutes of the IESS of 1990 in order to ensure the application of this provision of the Convention under which persons receiving social security benefits - and where appropriate, their wives and children - continue to be entitled to medical care.

Lastly, the Committee asks the Government to provide the text of the medical care regulations referred to in section 105 of the codified Statutes of the IESS of 1990, as soon as it has been adopted.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with satisfaction that on 10 December 1990 the new General Regulations on Employment Injury Insurance were adopted which, among other reforms, include an updated list of occupational diseases. The Committee notes that the new list of occupational diseases contained in sections 4-6 of the General Regulations on Employment Injury Insurance introduces, in accordance with Article 8 of the Convention, a series of pathologies and the substances and work involving exposure to the risk, in line with its previous comments. The Committee nevertheless draws the Government's attention to the fact that a direct request concerns a number of points which were not taken into account in the new list of occupational diseases.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 5 of the Convention (in conjunction with Article 10)

The Committee notes with interest the statistical information supplied by the Government in reply to its previous direct request. It also notes the Government's statement that although there is no explicit provision in the internal rules of the Ecuadorian Social Security Institute (IESS) giving effect to this Article of the Convention, in the IESS "pensions budget" there is an item entitled "transfers abroad" which enables the IESS, at the request of the beneficiaries, to pay old-age, invalidity and survivors' benefit to nationals and foreigners residing abroad.

The Committee hopes that the Government will be able to confirm this practice in the legislation, in respect not only of the benefits mentioned above, but also of employment injury pensions and death grants, so as to give full statutory effect to Articles 5 and 10 of the Convention. These provisions ensure the payment of the above benefits both to the nationals of the Member as also to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branch concerned, when they are resident abroad, as well as to refugees and stateless persons.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Government's report contains statistics with regard to the number of employees insured under the "occupational injuries" branch of social security. While noting this information, the Committee wishes to point out that, in order to be in a position to assess whether the requirements of this provision of the Convention are fulfilled, it is also necessary to know the number of employees in industrial undertakings. The Committee therefore hopes that the Government can supply with its next report statistics not only concerning the total number of employees protected, but also the number of employees in industrial undertakings, as defined in Article 1(c).

Article 8. The Government states that the Higher Council of the Ecuadorian Institute of Social Security (IESS) is currently preparing new draft regulations on employment injuries insurance which, among other reforms, include an up-to-date list of occupational diseases. It adds that it has taken note of the Committee's comments in this respect and has transmitted them, with its recommendations, to the competent authorities. The Committee takes due note of this information. It therefore hopes that the draft regulations will be adopted in the near future and that they will contain a list of occupational diseases and the activities liable to cause them in accordance with Schedule I annexed to the Convention. (In this connection, the Committee refers to the comments made in its previous direct request with regard to sections 4, 5 and 6 of the draft regulations on occupational injuries insurance, which was transmitted with the previous report of the Government.)

Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) (amount of periodical benefits paid in the event of temporary incapacity, permanent incapacity and the death of the family breadwinner). The Committee notes that the information supplied by the Government does not enable it to assess the way in which effect is given to these Articles of the Convention. It would therefore be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or Article 20 for the purposes of comparing the amount of the periodical benefits prescribed under national legislation with the minimum level required by the Convention. It also requests the Government to supply the statistical information called for by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, please supply information with particular regard to the maximum amount of periodical benefits paid in respect of each of the three above contingencies and the wage of a skilled manual male employee selected in accordance with paragraph 6 or 7 of Article 19. If the Government intends to have recourse to Article 20, please indicate the minimum amount of periodical benefits paid in respect of each of the above contingencies, and the wage of an ordinary adult male labourer selected in accordance with paragraph 4 or 5 of Article 20. Please also supply information concerning, if this is the case, the amount of family allowances paid during employment and during the contingency.

Article 21. The Committee would also be grateful if the Government would supply in its future reports the information called for under this Article of the Convention by the report form adopted by the Governing Body concerning the adjustment of the benefits prescribed in Articles 14 and 18 of the Convention, as a result of substantial changes in the cost of living.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

1. The Committee has examined the codification of the law on compulsory social insurance, approved on 15 March 1988 (the text of which was transmitted by the Government together with its report) and noted with interest certain improvements in the national social security scheme, resulting from that codification. The Committee also noted that, since 1986, agricultural workers are covered by the compulsory insurance scheme and that retirement pensions are to be reviewed annually by decision of the Higher Council of the Ecuadorian Social Security Institute. The Committee hopes that the Government in its next report, will be able to supply statistical information on such review, set out in accordance with the report form for this Convention, under Article 29. The Committee also hopes that the report will contain statistical data on the number of persons effectively protected and on the amount of the benefits granted in respect of the various contingencies, to enable the Committee to determine whether the rates set under the Convention are still attained.

2. With regard to its earlier comments concerning Article 34, paragraph 2, of the Convention (prescribed procedures permitting claimants to appeal in the event of refusal of benefit or contestation and to be represented by a person of their choice or by a trade union delegate), the Committee notes from the information supplied by the Government and the relevant articles of the above-mentioned codification that all disputes arising in connection with entitlement to benefits or the rights and duties of the insured and employers are dealt with administratively by authorities such as the Benefits and Credit Commissions, the National Board of Appeals and the Director-General or National and Regional Directors of the Ecuadorian Social Security Institute, in accordance with the statutes and regulations in force. The Committee requests the Government to supply the text of those statutes and regulations together with its next report.

3. The Committee further requests the Government to supply the information required under Article 4, paragraph 2 of the Convention concerning the temporary exceptions of which Ecuador availed itself in ratifying this instrument.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Article 5 of the Convention (in conjunction with Article 10). The Committee takes note of the information supplied by the Government concerning the payment abroad of invalidity and survivors' benefits, employment injury benefits and death grants. It also notes that the Ecuadorian Social Security Institute has been asked to provide the texts of the Institute's Regulations which give effect to this provision of the Convention as well as statistical information in regard to the number and nationality of the beneficiaries of the above benefits. The Committee hopes that this information will be supplied to it in the near future.

Direct Request (CEACR) - adopted 1987, published 74th ILC session (1987)

1. Article 11 of the Convention. The Government again indicates that it is continuing to give priority to the extension of medical insurance to the families of insured persons but that, unfortunately, the medical infrastructure is insufficiently developed to carry out this programme at the present time. The Committee takes note of this information and hopes that the Government will continue its efforts to extend free medical care to the wives and children of insured persons in the near future as required by this provision of the Convention. The Committee requests the Government to provide information on any progress made in this connection.

2. Article 12. In reply to various comments of the Committee, the Government has indicated that sickness benefits in cash and kind are accorded as from the first day of the contingency, as long as the insured person had contributed for a period of six months. The Committee wishes to draw the attention of the Government to the fact that its earlier comments did not relate to the existence of a qualifying period but rather to the need to amend sections 16 and 18 of the By-laws of the former medical department of social insurance so as to provide the right to medical benefits without time-limits to persons in receipt of a social security benefit for invalidity, old age, death of the breadwinner or unemployment, as well as where appropriate, the wives and children of such persons. As a result of articles 16 to 18 of the By-laws mentioned above, the recipients of invalidity and old-age benefits are only entitled to such assistance, in principle, for six months whereas, under Article 12 of the Convention, medical care to a recipient of social security benefits must be assured throughout the contingency. The Committee therefore hopes that in accordance with the assurances given by the Government in its last report, the above-mentioned provisions of the By-laws of the former medical department of social insurance can be amended shortly so as to ensure the application of the provision of the Convention (see also under Article 11 above as regards the wives and children of the persons covered by Article 12).

Finally, the Committee would be grateful if the Government would communicate the text of the medical assistance regulations referred to in section 26 of the By-laws of the former medical department and section 78 of the By-laws of the Ecuadorian Social Security Institute as soon as they are adopted.